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Jeffrey Michael Padilla
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Jeffrey Padilla’s Answers

165 total


  • My toddler daughter, had an accident in her daycare, she got deep cut and got 14 stitches in her face, what action can we take

    What i was told is, she was running and fell down, and it happened because of her shoe, which came off and she fell down, she got lot of bleeding and i had to take here to emergency room , where she got 14 stitches. She is very young to tell me wh...

    Jeffrey’s Answer

    First, I would suggest contacting a trial attorney to provide more detailed account of the incident and photographs of the injury before it was treated - if you have them.

    I have a young daughter myself (3yrs) and I can only imagine what you are going through. It is difficult for them to explain exactly what happened.

    For now, unless you have any other witnesses, this may be a difficult case to pursue. Your child will not be a very reliable witness and people do understand that children fall and get hurt with out negligence on the part of their supervisors. However, if the wound is inconsistent with a fall to the ground and suggests she struck something hazardous that shouldn't have been there or fell from a height she should not have had access too, then you may be able to explore a claim for negligence.

    Again, there is simply much to little here to provide any meaningful advise. I would encourage you to contact an attorney for a formal consultation.

    I hope your child is recovering well.

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  • Is 10200 a reasonable amount to settle for if 7600 is to pay doctor bills?

    My daughter was rear ended and she had about $7600 in doctor bills. For the ambulance fee emergency room and chiropractors. the car damage was about $1800 I thought the insurance company had to pay insurance bills.

    Jeffrey’s Answer

    It wouldn't be proper to respnd to this question without more information. You should consult with an experienced trial attorney and provide them with more detailed information about the injuries, treatment and any residual pain or limitations that may exists. There is much that goes into the evaluation of damages resulting from a collision. Any consultation would be free of charge and you will get a wealth of information even if you choose not to sign up with the attorney.

    Good luck.

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  • Involved in a auto accident where air bags did not deploy on impact, causing head and chest injury. Do I seek legal advice?

    Involved in a collision with another vehicle, causing head and chest impact to steering column, due to air bags not deploying on impact. Insurance Co. evaluation report states some discrepancies in which the Auto Manufacturer safety equipment feat...

    Jeffrey’s Answer

    If there is evidence to suggest a mechanical failure caused injury that wouldn't have otherwise occurred, then you may well have a claim. I recommend you contact an experienced trial attorney for a more thorough evaluation of your claim. Even if you don't end up with a claim against the vehicle manufacturer, there may be other options for you to receive compensation for your harms and losses.

    Good luck.

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  • I was involved in an accident in which I was a passenger in a car that was rear ended bya woman who was driving her father's car

    we were going over a hill and had slowed being cautious for possible cars that may have been coming out of a driveway, we were hit from behind . the woman got out and said the car was her father's and that the car had no brakes,. the father said ...

    Jeffrey’s Answer

    First, you need to get confirmation from the owner's (Dad's) insurance that the driver (his daughter) was in fact excluded. If so, you may have issues with coverage. This still would beg the question, why was she driving his car? If he knew she was using it, you may have a negligent entrustment claim.

    If all else fails, you could turn to you own auto policy and pursue you uninsured/under insured coverage. This is a valueable coverage that steps into the shoes of the driver who hit you when they are uninsured or underinsured. Requesting this coverage will not increase your premiums. This situation is precisely why it exists. Call your agent and ask for a copy of your declarations page and advise them of the accident and the potential for this cliam.

    Good luck.

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  • Can I sue the manufacturer of an IVC filter that failed?

    The IVC filter was placed in the main artery in my left leg to stop a blood clot, but later failed leading to a below the knee amputation.

    Jeffrey’s Answer

    There is much that would go into evaluating this kind of a claim. The short answer is yes, you can file a suit for what happened. Whether that suit would be successful would depend on many factors, too numerable to list here with out knowing more. I urge you to consult with an experienced trial lawyer and be prepared to provide them with all of you medical history and as complete a description of the device as you can, including batch numbers that should be located in your medical records.

    I am very sorry that you were put through this ordeal and hope that you are able to find some justice.

    Good luck!

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  • Will insurance cover?

    The car registration is under person #1 and insurance is under person #2 and they both live in the same address. But person # 1 is not in the policy. Will the insurance cover if person # 1 got into accident with that car?

    Jeffrey’s Answer

    The fact that they aren't mentioned won't matter so long as Person #1 had permission to use the vehicle that Person #2 insured. However, if Person #1 was specifically excluded from the policy then you will likely have issues triggering the coverage.

    Good luck!

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  • Can a Paralegal help me file a civil suit? (car accident, 2 cars, 2 parties, both drivers of each car, on a residential street.

    Accident happened on a residential street in Long Beach, Ca. I was driving down the street and the other party had backed out of a driveway, which then I tried to swerve around him, attempting to avoid impact. Which, I had little space to do so be...

    Jeffrey’s Answer

    Only a licensed attorney can file a complaint on your behalf. In theory, you could have a paralegal assist you in preparing and filing the suit yourself. However, the paralegal could not sign documents on your behalf or appear in court on your behalf. Only you or your attorney of record may represent your interests to the court.

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  • My wife was found to be at fault hitting a pedestrian, she is being sued for $100,000.00.

    What type of lawyer should she be seeking to obtain?

    Jeffrey’s Answer

    You auto insurance carrier - or that of the owner of the vehicle she was driving if someone other than you or her - should provide a defense and arrange for counsel. If she was not insured at the time then you would need to find an attorney who specializes is civil litigation defense work.

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